O visas

O Visa (O-1A, O-1B, O-2 & O-3)

An O visa is a classification of non-immigrant temporary worker visa issued to an alien “who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.”

According to United States Citizenship and Immigration Services, there are three types of O visas:

O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1

O-3: individuals who are the spouse or children of O-1s and O-2s.

The O-1 visa application must be submitted along with a “Consultation Opinion,” evidence documenting the alien’s extraordinary ability, and details of the proposed work in the U.S. The petition is to be approved for the duration of the event in which the alien will participate, for a maximum of three years. One-year extensions are permitted thereafter with no maximum cumulative duration.

To prove the alien’s extraordinary ability, documentation must be adequate to support extraordinary ability as demonstrated by sustained national or international acclaim; substantial documentation in at least 3 of the acceptable evidence categories defined by statute; a written advisory opinion from a peer group; the employer petition on behalf of the employee; and an offer of employment.

Advisory Opinion: Before an O-1 visa can be granted, the applicant must go through a special consultation process. The applicant must get an “advisory opinion” from a peer group, a group of professionals in the alien’s occupation or profession, or from a union, labor, or management organization. An “advisory opinion” is a letter from an organization stating that the position the alien applicant will hold requires extraordinary ability. The peer group must provide a written opinion to the USCIS. If the application does not include a peer group opinion, the USCIS will attempt to contact a peer group directly. If no peer group exists, the USCIS will make a decision without a peer group consultation. Consultation with an appropriate peer group, labor and/or management organization regarding the nature of the proposed work and the beneficiary’s qualifications is mandatory before an O-1 petition can be approved. This requirement may be especially important in the arts, entertainment fields, or athletics.

The USCIS will not require a new consultation if the alien beneficiary is reentering the U.S. in the O-1 category within two years of a previous peer group consultation. Unlike the EB1-Extraordinary Ability category, the O-1 category requires employment and sponsorship by the employer. USCIS needs a copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed.

An O-1 artist can be sponsored by a U.S. employer, U.S. agent, or a foreign employer through a U.S. agent. Although the artist cannot petition for him/herself for O-1 status, the regulations recognize that O-1 cases can involve workers who are traditionally self-employed.

A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent.

Initial period of stay for O-1/O-2 is up to 3 years. USCIS will determine time necessary to accomplish the initial event or activity in increments of up to 1 year. As an O nonimmigrant, the beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may only engage in authorized employment during the validity period of the petition.

O-1A

Generally, to qualify for O-1A classification, aliens of extraordinary ability in the sciences, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

Receipt of a major, internationally recognized award, such as the Nobel Prize; or at least three of the following forms of documentation:

Documentation of the individual’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

Documentation of the individual’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

Published material in professional or major trade publications or major media about the individual, relating to the individual’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;

Evidence of the individual’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;

Evidence of the individual’s original scientific, scholarly, or business-related contributions of major significance in the field;

Evidence of the individual’s authorship of scholarly articles in the field, in professional journals, or other major media;

Evidence that the individual has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;

Evidence that the individual has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

To qualify for an O-1A visa, an applicant must provide documents proving extraordinary ability. Examples of proof of extraordinary ability include nationally or internationally recognized prizes or awards for excellence, membership in associations requiring outstanding achievements, and articles written by or about the applicant. To supplement these materials, employer may submit letters signed by experts in the applicant’s field attesting to the applicant’s extraordinary ability in that field.

O-1B Visa

To qualify for O-1B classification, the applicant will need to supply documents showing that he or she has been nominated for or have received significant national or international awards or prizes in the particular field, such as an Oscar, Emmy, Grammy, or Director’s Guild Award. Alternately, the employer filing the petition can submit at least three of the following forms of documentation:

Has performed services as a lead or starring participant in productions or events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contract or endorsements;

National or international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major trade papers, trade journals, magazines, and so forth;

Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, and similar write-ups;

Has a record of major commercial or critically acclaimed success;

Has achieved significant recognition from organizations, critics, government agencies and recognized experts;

Has commanded or will command a high salary or other remuneration in comparison to others in the field.

O-2 visa

To qualify for O-2 classification, you must prove that you are an integral part of the actual performance of the O-1 principal in the fields of athletics, entertainment, motion picture and television production; and have critical skills and experience that are not of a general nature and cannot be performed by other individuals. This status is not applicable to personnel in the sciences, business or education.

An O-2 alien must be petitioned for in conjunction with the services of the O-1 artistic or athletic alien, and must be filed with:

A written advisory opinion.

If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary ability in the arts, the opinion must be from a labor organization with expertise in the skill area involved.

If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary achievement in the field of motion picture or television, the opinion must be from a labor organization and a management organization with expertise in the skill area involved.

Evidence of the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien, and that the alien has substantial experience utilizing the critical skills and essential support services for the O-1. In the case of a specific motion picture or television production, the evidence should establish that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.

For Extraordinary Ability in motion picture or television, the definition of “extraordinary” is different. For these individuals, “extraordinary achievement” is defined as “a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the person is recognized as outstanding, leading, or well-known in the motion picture or television field.”

Information obtained from this site is not, nor is it intended to be, legal advice. Reading this site, emailing or using the contact form does not constitute an attorney-client relationship.You should always consult an attorney for individual advice regarding your own case or situation.